25 U.S. Code § 5361 - Establishment

The Secretary of the Interior (hereinafter in this subchapter referred to as the “Secretary”) shall establish and carry out a program within the Department of the Interior to be known as Tribal Self-Governance (hereinafter in this subchapter referred to as “Self-Governance”) in accordance with this subchapter.

the tribal right of self-government flows from the inherent sovereignty of Indian tribes and nations;

“(2)

the United States recognizes a special government-to-government relationship with Indian tribes, including the right of the tribes to self-governance, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes;

“(3)

although progress has been made, the Federal bureaucracy, with its centralized rules and regulations, has eroded tribal self-governance and dominates tribal affairs;

“(5) Congress has reviewed the results of the Tribal Self-Governance Demonstration Project and finds that—

“(A)

transferring control to tribal governments, upon tribal request, over funding and decisionmaking for Federal programs, services, functions, and activities, or portions thereof, is an effective way to implement the Federal policy of government-to-government relations with Indian tribes; and

“(B)

transferring control to tribal governments, upon tribal request, over funding and decisionmaking for Federal programs, services, functions, and activities strengthens the Federal policy of Indian self-determination.”

to ensure the continuation of the trust responsibility of the United States to Indian tribes and Indian individuals;

“(5)

to permit an orderly transition from Federal domination of programs and services to provide Indian tribes with meaningful authority to plan, conduct, redesign, and administer programs, services, functions, and activities that meet the needs of the individual tribal communities; and

“(6)

to provide for an orderly transition through a planned and measurable parallel reduction in the Federal bureaucracy.”